Harassment in California is a serious and pervasive issue. Comprehensive laws and regulations protect individuals from various forms of mistreatment. California’s legal framework defines harassment broadly, encompassing unwelcome behavior based on characteristics such as race, sex, gender, religion, national origin, disability, and sexual orientation.
California Harassment Laws
Laws against harassment in California address the following key areas:
Civil harassment
According to the California Civil Code Section 527.6, civil harassment is any act of violence (assault, battery, stalking) or threat that is credible enough to cause concern for personal safety. It does not matter if there has not been any physical harm yet — the threat itself, if fear-inducing, can constitute harassment.
If the behavior is a pattern — i.e., repeated actions over time — and not a one-time incident, and these actions are directed at a specific person, it’s considered civil harassment. This could be:
- Stalking
- Cyberstalking (via email, social media)
- Making threatening phone calls
- Sending threatening or obscene messages
- Unwanted physical touching
- Repeated unwanted visits or contacts
- Vandalism
- Verbal threats
- Sexual harassment
- Photographing or recording someone without consent
- Defamation
If someone is emotionally affecting you so much that it is psychologically distressing, you can take them to court for a civil harassment restraining order. It tells the harasser that they cannot contact you or come near you.
Workplace harassment (FEHA)
Workplace harassment laws in California fall under the state’s Fair Employment and Housing Act (FEHA). Workplace harassment is defined as any inappropriate conduct based on characteristics such as:
- Race
- Color
- Religion
- Sex
- Gender (including identity or expression)
- Sexual orientation
- Marital status
- Disability
- Age
- Military and veteran status
Any kind of behavior that makes you feel uncomfortable or discriminated against at work because of who you are is against the law.
In addition to unwelcome sexual advances, requests for sexual favors, and other physical conduct, something as seemingly “harmless” as jokes, emails, or pictures that make you feel bad or left out also fall under this category. If a superior asks for a “quid pro quo” arraignment or a coworker is deliberately creating a hostile working environment, you can take legal action against them.
If a California business has five or more employees, it must follow FEHA regulations against employment discrimination. However, when it comes to harassment laws for employers, the rules apply to all workplaces with even just one employee or independent contractor.
Sexual harassment (Title IX)
Title IX is a federal civil rights law passed as part of the Education Amendments of 1972, which prohibits sex-based discrimination in any education program or activity that receives federal funding.
It applies to all public K-12 schools, colleges, universities, and even some private educational institutions. Sexual harassment under Title IX is defined as sexual conduct that meets one or more of the following:
- Quid pro quo harassment by a school’s employee (e.g., a teacher promising a better grade in return for sexual favors)
- Behavior that any person (not just the person who is being harassed) would find offensive and makes it difficult for someone to get the same educational opportunities as others
- Sexual assault, dating violence, domestic violence, and stalking
Frequently Asked Questions on Harassment Laws in California
Are there different types of sexual harassment?
Yes, laws against harassment in California recognize quid pro quo — where job benefits are tied to sexual favors — and hostile work environments — where sexual conduct unreasonably interferes with work performance or creates a negative atmosphere.
What should I do if I am experiencing harassment at work?
Report the behavior to your supervisor, human resources, or another designated person within your company. If the situation is not resolved, you might consider filing a complaint with the California Department of Fair Employment and Housing (DFEH) or consult with an employment lawyer.
What is the statute of limitations for filing a harassment claim in California?
Generally speaking, you have up to three years to file a claim with DFEH, and anywhere from one to three years for other types of lawsuits. You should check with an attorney to find out what applies to your situation.
Can a single incident of harassment be enough to file a claim?
Yes, it can, especially if it is severe — for example, an instance of assault, battery, or extreme verbal abuse. In the workplace, just one incident that drastically affected your employment situation or created a hostile work environment counts.
What if the harasser is a client or customer?
Your company is still responsible for preventing and addressing harassment, even if it comes from people who do not work there.
Can I file a harassment claim if I am no longer working at the company or attending the school where it occurred?
Yes, you can. The fact that you have left the organization does not invalidate your experience or your right to pursue a claim — as long as it is within the statute of limitations.
What is the Equal Pay and Anti-Retaliation Act (SB 497)?
This law states that if an employer disciplines or fires an employee within 90 days of the employee discussing their own or any other employee’s wages, it will be considered retaliation by that employer. If retaliation is proven, employers can face fines of up to $10,000 per violation.
What is the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA)?
Effective from March 22, 2022, this California harassment law allows people who allege sexual harassment or assault at the workplace to go to court instead of being forced to sign a non-disclosure agreement and settle the matter in private arbitration. Since arbitration agreements are so widespread and can be disadvantageous to employees, this is an important development in the law.
Get an Experienced Sexual Harassment Lawyer in California on Your Side
Our employment rights attorneys at The Rubin Law Corporation understand the serious impact that discrimination, harassment, and retaliation can have at work or outside of the workplace. We will utilize the full power of the laws against harassment in California to protect your rights and build a strong, evidence-based claim to pursue the rightful damages you are entitled to from all the liable parties. Call us at (310) 385-0777 or contact us online to schedule a free consultation today.
